Appeal against workmen's compensation order. Court allowed appeal, held wages should be Rs.2,500/month based on employer evidence, and recalculated compensation to Rs.2,54,148 with 12% interest.
Compensation fixed at Rs.2,54,148 with 12% interest p.a. from date of claim petition till realization by Opposite Parties No.1 and No.2.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR
CMA.No.1583 of 2003
JUDGMENT:
Heard both sides.
This appeal is by the claimant in Workmen’s Compensation No.39 of 2001 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Nizamabad.
The claim petition was filed claiming compensation of Rs.3.00 lakhs by the claimant on the ground that he is a driver of lorry bearing No. AIK - 5900 belonging to opposite party No.1 and that it suffered an accident on 23.11.1999 resulting in compound fractures of the right leg, fracture of ribs and multiple injuries to the claimant. He claimed that he obtained treatment from District Headquarters Hospital, Nizamabad and Government Hospital, Nirmal and, on account of the said accident, he lost his job as a driver. As he was getting a salary of Rs.3,000/- p.m. and Rs.100 per day as batta, a claim was accordingly filed on the basis of the medical record which was marked as Exs.A.5 to A.8 and Exs.A.1 and A.2 – First Information Report and Charge sheet respectively. A.3 is the injury certificate and A.4 is the disability certificate. Opposite party No.1 was examined as RW.1 and the Medical Examiner as PW.2. Based on the said evidence, the Commissioner considered the wages of the claimant at Rs.2,000/p.m., and keeping in view his age as 28 years, and his certified disability as 80%, granted compensation which works out to Rs.2,03,318/-. To the extent of the disallowed claim, the present appeal is filed.
Sri K.M.Mahender Reddy, Learned Counsel for the appellant, submits that the claimant has lost his job as a driver
and suffered disability though 80% as per Ex.A.4, but there is a total loss of earning capacity which ought to have been considered by the Commissioner. He further submits that, the wages of the claimant though proved to be Rs.2,500/- p.m. as per the evidence of opposite party No.1, for no reason the Commissioner has reduced the wages to Rs.2,000/- p.m. He also submits that the interest, as per Section 4-A(3) of the Workmen’s Compensation Act, 1923 (for short ‘the Act’), ought to have been granted.
Sri A.V.K.S.Prasad, Learned Counsel for the respondent – Insurance Company, submits that the doctor, whose evidence was relied upon, has examined the claimant two years after the accident and, as such, the evidence is not of much probative value. Further, he submits that the wages of Rs.2,500/- p.m. is a claim which is not based upon any documentary evidence.
The doctor has certified the disability as 80% permanent partial disability. It is no doubt true that the claimant was examined by him after two years, but I have seen Exs.A.3 to A.6 which are injury certificate and disability certificate respectively, already issued as per the discharge card of the District Headquarters, Nizamabad, and the X-ray. The assessment of 80% disability based upon the shortening of leg, therefore, appears to be justified and does not require any interference.
However, to the extent of the wages earned by the claimant though he claimed a salary of Rs.3,000/- p.m., his employer – RW.1 has stated that the claimant was getting a salary of Rs.2,500/- p.m. That evidence was not controverted. Hence, for this reason, the salary cannot be reduced to Rs.2,000/- p.m. as against Rs.2,500/- p.m. claimed by RW.1 himself. Therefore, the compensation to be awarded, based on the salary of the claimant as Rs.2,500/- p.m., works out like this:
Wages earned by the worker : Rs. 2,500/- p.m. Age of the worker : 28 yrs. Relevant factor : 211.79 Disability : 80% Compensation : 60% of wages x relevant factor x percentage of disability
Rs.2,500 x 60/100 x 2.11.79 x 80/100
= Rs.2,54,148/-
Similarly, the statutory interest available under the Act is 12% which ought to have been awarded from the date of claim petition till the date of realization.
Opposite party Nos.1 and 2 are jointly and severally liable to pay an amount Rs.2,54,148/- (Rupees Two Lakhs Fifty Four Thousand One Hundred and Forty Eight Only) towards compensation to the claimant at 12% interest p.a. from the date of claim petition till the date of realization.
The Civil Miscellaneous Appeal is allowed to the extent indicated above. Miscellaneous petitions pending, if any, shall also stand disposed of. No order as to costs.
VILAS V.AFZULPURKAR,J
Date: 02.09.2013 usd
3 issues framed by the court
Whether the Commissioner erred in reducing the claimant's wages from Rs.2,500/- to Rs.2,000/- per month.
Whether permanent partial disability and interest were correctly assessed.
Whether the compensation amount and interest need to be recalculated.
1 provisions across 1 enactments
Claimant/Appellant
Opposite Party No.1
Opposite Party No.2
Vilas V.Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
